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Home My WebLink About25H - AGMT - SEXUAL ASSAULT EVIDENCE COLLECTIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 5, 2014 TITLE: AGREEMENT WITH ANAHEIM REGIONAL MEDICAL CENTER FOR SEXUAL ASSAULT EVIDENCE COLLECTION CITY MANA R RECOMMENDED ACTION Authorize the City Manager and the ending June 30, 2016, with Anaheim exams and evidence collection in the City Manager and City Attorney. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Clerk of the Council to execute a two -year agreement, Regional Medical Center to provide acute sexual assault amount of $80,000, subject to changes approved by the The Police Department uses the services of the Anaheim Regional Medical Center to conduct sexual assault examinations and evidence collection for adult victims and suspects. Results from these tests and evidence collection are necessary for the prosecution of criminal cases. Anaheim Regional Medical Center is the only facility in the county performing rape and sexual assault examinations of adults for prosecution purposes. The Police Department has utilized Anaheim Regional Medical Center for these purposes since 1995. The costs for services are $750 per victim exam, and $350 per day of court room testimony. The agreement will include $40,000 per year for a total not to exceed amount of $80,000 for the two year term. The procedures used by this facility are consistent with those expected by the District Attorney's office to ensure best evidence practices are followed and that privacy concerns of victims are adequately safeguarded. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #1 (modernize the Community Policing philosophy to improve customer service, crime prevention and traffic /pedestrian /bicycle safety.), Strategy D (establish and implement a plan to partner with community service organizations and other community groups to conduct awareness, intervention, and prevention of child abuse, domestic violence and driving under the influence of alcohol and /or drugs.). 25H -1 Agreement with Anaheim Regional Medical Center August 5, 2014 Page 2 FISCAL IMPACT Funds are available in the Police Department's District Investigations fund Account (account no. 01114435 62300) in the Fiscal Year 2014 -15 budget. APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Mgt. Svcs. Agency 25H -2 AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS This Agreement for Evidence Collection Services for Alleged Sexual Assault Victims is effective as of the I" day of July, 2014 (the "Effective Date "), by and between AHMC Anaheim Regional Medical Center ( "ARMC ") and the City of Santa Ana (the "City "), with respect to the following: WHEREAS, City requires the collection of clinical evidence with respect to certain victims of alleged sexual assault; WHEREAS, City does not have the capability to collect the aforesaid clinical evidence internally; WHEREAS, ARMC has ability to collect clinical evidence and City desires to purchase said services from ARMC; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties hereto agree as follows: 1. Services. ARMC agrees to provide the following services (collectively, the "Services ") to the City: 1.1. Examination. ARMC agrees to provide the City approved medical exams to alleged sexual assault and rape victims for evidence. The exam is to include videotaped colposcopic examination and photographs. The colposcopic examination will be conducted by medical personnel who are competent in the use of the equipment and the interpretation of the findings. 1.2. Testimony. ARMC agrees to provide competent court testimony as requested by the City (upon receipt of summons or subpoena). 13. Evidence. All evidence collected during the examination, including the videotape of the colposcopic examination, will be relinquished at the conclusion of that examination. Photographs will be available upon request by City investigators, 1.4. Access b�City. ARMC agrees to make results of and evidence from examination available to City personnel at any time subsequent to the date of examination upon request of summons or subpoena. 2. Compensation. In exchange for the Services to be provided by ARMC pursuant to Section 1, above, City shall compensate ARMC as follows: 2.1. Examination. Seven Hundred Fifty Dollars ($750) for each examination of an alleged victim. 25H -3 2.2. Dry Run. Two Hundred Dollars ($200) for each "Dry Run." For purposes of this Agreement, "Dry Run" means the dispatching by ARMC of a forensic nurse to perform a case and through no fault of ARMC's, the victim changes his or her mind, refuses to permit the examination, does not want the examination, or does not permit ARMC's forensic nurse to conduct the examination. 2.3 Testimony. The City shall pay a maximum of $350 per day for court room testimony (as provided in section 1.2 of this Agreement). 2.4 Rate Adjustment. City acknowledges and agrees that ARMC may adjust the rates set forth in Section 2. ARMC shall use reasonable efforts to give the City at least thirty (30) days advance written notice of any increase to rates in accordance herewith. 3. Pa Went. ARMC shall invoice City monthly for all Services perfonned in each previous month. City shall remit payment to ARMC within thirty (30) days of receipt of an invoice. Payment for services hereunder shall not exceed $$0,000 over the two year Tenn of this Agreement. 4. Term. This Agreement shall be for a term of two (2) years, commencing on the Effective Date and expiring on the second anniversary hereof. 5. Discrimination. By signing this Agreement, ARMC certifies that it does not discriminate in hiring or treatment on the basis of race, color, creed, religion, sex, sexual orientation, age, mental status, national origin, ancestry, physical handicap or medical condition. 6. Agreement. This Agreement is not meant to prohibit the City from utilizing the services of other hospitals. 25H -4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Evidence Collection Services the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council SONIA R. CARVALHO City Attorney By: Dm. _ e . _ -vz G ),- Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOSROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager AHMC ANAHEIM REGIONAL MEDICAL CENTER, LP, a California limited partnership, dba AHMC Anaheim Regional Medical Center ( "ARMC ") By: Chief Executive Officer Tax ID# 25H -5 25H -6